The Messy Faces website is owned and operated by Messy Faces ABN 48 168 030 868.

By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this site.

Governing law

Messy Faces controls and operates this site from its offices within Australia. These Terms of Use are governed by the laws of the State of Victoria. You and Messy Faces agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

Store Policy

Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you.

By becoming a wholesaler on our site, you warrant that:

  • you reside in Australia;
  • you are at least 18 years old;
  • you are legally capable of entering into binding contracts.

We may require additional verification or information before accepting any order. We only accept orders from within Melbourne and its surrounds. Within this area, our policies as to delivery and returns apply.

Subscription Contract

By subscribing, you agree to pay recurring periodic subscriptions for an indefinite time, until cancelled by you or us. Subscriptions can be;

  • weekly;
  • fornightly or
  • monthly.

You can cancel or skip your subscription at any time before the cut off period. The cut off period to cancel, suspend or edit your order is 3 days prior to delivery. No charge will be applied for any cancellation or suspension prior to the cut off. You can re-start your subscription at any time.

You can manage your subscription by login in to your account.

We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

Price and payment

All prices are in Australian dollars and Messy Faces may change the prices published on this website at any time. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Messy Faces is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order.

Payment for all Products must be by credit or debit card or Paypal. We accept payment with American Express, Visa and Mastercard.

Delivery

Delivery is conducted Monday to Friday between 5am and 1pm. Your preferred delivery date can be selected at checkout, however times can not be chosen. Orders placed before 12pm are eligible for next day delivery. There is a $10 standard delivery fee on each order. Please note not all locations are delivered to daily.

Some delivery days may be subject to a temporary change during public holidays. You will be notified of any changes to your specified delivery day.

Meals are packaged in an insulated bag with techni-ice, and can be left up to 4 hours.

Returns

If you are unhappy with your Product for a legitimate reason such as:

  1. the order was missing meals;
  2. the order was damaged; or
  3. the order did not arrive,

We will offer an appropriate refund if it can be shown that the product you were charged for was not provided as it should have been. Depending on the circumstances, we may, in our sole discretion, provide a full or partial refund of the purchase price, or provide you with a credit to be applied to future deliveries. You must contact us at info@messyfaces.com.au within seven (7) days of receiving your delivery to qualify for a refund.

Revisions to Terms of Use

Messy Faces may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.

Site contents, ownership, and use restrictions

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties.

Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Messy Faces.

Third Party Websites

This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Messy Faces and Messy Faces is not responsible for the contents of any such information or website. Messy Faces provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Messy Faces. You rely on such information or websites entirely at your own risk.

Copyright

All work on the Messy Faces web site is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for non commercial, personal use or non commercial use within your organisation. No part of the material may be reproduced, stored in a retrieval system, transmitted, redistributed, republished or commercially exploited in any way without the prior written permission of Messy Faces. Apart from any other use as permitted under the Copyright Act 1968, all other rights are reserved. Requests for further authorisation should be directed to Messy Faces.

Privacy Policy

The privacy of your personal information is a priority to us. We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) and we are committed to complying with the Privacy Act’s requirements in respect of the collection and management of your personal information. In general terms, this means any information that can be used to identify you, including your name, address, telephone number and email address.

This Privacy Policy explains how we collect and handle your personal information. It also describes generally the types of personal information we hold, how it is collected, held, used and disclosed and our purpose in doing so.

What information do we collect?
As a wholesaler/customer or prospective wholesaler/customer, we may collect your name, business and personal address, date of birth, telephone number, email address, business background, bank account details, credit history, potential discount entitlements and trade references.

How do we collect personal information?
We will endeavour to collect your personal information directly from you, including through our website, by telephone, through written correspondence (such as letters and emails), and in person. We may also collect personal information about you from third parties, including from additional account holders on your account, or your authorised representative(s).

Using your personal information
Once we’ve collected your personal information we intend to use it:

  • to provide our products to you, or to provide you with a quote or offer for our products;
  • if you are or become a wholesaler of ours, to communicate with you about your account with us, including issuing bills and seeking payment of those bills;
  • if you request or agree, to set up a direct debit facility to cover payment of any bills issued by us;
  • if you lodge a complaint with us, to process and respond to your complaint;
  • if you make an enquiry via our telephone helpline or via our website, to answer your enquiries and provide any information or documents requested by you;
  • for administrative, planning, product development, quality control and research purposes relating to our products and services;
  • to update our records and keep your contact details up to date;
  • to conduct a credit assessment of you and use information we are permitted by law to use to establish or report on your creditworthiness; and
  • for marketing purposes to contact you using one or more types of personal information that we hold about you or we are otherwise permitted by law to do so.

If you do not wish to receive promotional material from us, please uncheck the relevant box when you register with Messy Facees. If you no longer wish to receive promotional emails please unsubscribe by clicking the unsubscribe link at the bottom of the promotional email you have received.

Disclosing your personal information
We may disclose your personal information to third parties in the conduct of our business.

Some of these third parties act on our behalf, and if this is the case we ask that these third parties hold, use and disclose your personal information in accordance with the Privacy Act.

These third parties may include additional account holders or your authorised representative, financial institutions (for payment processing), credit reporting bodies and other credit providers, government and regulatory authorities (where required or authorised by law) and other service providers.

Examples of service providers include information technology suppliers, debt collection agencies, marketing and advertising agencies and contractors, mailing and logistics providers and our professional advisors (such as accountants, auditors and lawyers). We may disclose your personal information to these service providers for the purpose of their work and, equally, and these service providers may provide us with personal information they have collected from you in the course of providing the relevant products or services.

We may also disclose your personal information to third parties to whom we assign your debt.

Security of your personal information
We store information in different ways, including in hardcopy and electronic form. We have implemented controls around technology and our organisational processes to assist us in protecting your information from misuse, interference and loss and from unauthorised access, modification or disclosure.

Our website also has security systems in place, including the use of firewalls and data encryption. We also take care to store your information in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.

However, no data transmission over the internet can be guaranteed to be 100 per cent secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of that information if it is sent over the internet. Once we receive your information, we make endeavour to ensure its security on our systems. If you are concerned about sending your information over the internet, you can contact us by telephone.

Information collected through our websites
Some of the information that may be collected by us during your visit to our websites is not personal information, because it does not reveal your identity. For example, we may record the date and time of your visit, the pages you viewed, any documents you downloaded and the type of browser and operating system you used.

Cookies
We may send a “cookie”, a small summary file (containing a unique I.D. number) to your computer. This enables us to recognise your computer and greet you each time that you visit any of our websites. We also use cookies to measure traffic patterns, to determine which areas of any of our websites have been visited and to measure transaction patterns in the aggregate so that we can improve our online services. Cookies may be used in online advertisements for our products. These advertisements may be placed on our websites or displayed on third party websites.

The use of cookies does not involve the collection or use of any information that could identify you as an individual. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (which is the electronic address of a computer connected to the Internet) to analyse trends, administer our websites, track users’ movements and gather broad demographic information.

Links
Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

Correcting your personal information
Where we hold any personal information or credit related information about you, we will try to provide you with a suitable means of accessing it such as via our website, email, telephone, or in person.

We may refuse to grant you access to your personal information or credit related information under some circumstances prescribed by the Privacy Act (for example, if providing access would be unlawful or would have an unreasonable impact upon the privacy of other individuals).

If you believe that any personal information or credit related information which we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, then you may request that we amend your information using any of the contact details listed on our Contact Us page. We will consider whether the information requires amendment and notify you of the outcome of our assessment.

Where we do not agree that there are grounds for amendment of your personal information then we will (if you request) add a note to the personal information stating that you disagree with it.

Contacting us
If you have any questions about this Privacy Policy or our treatment of your personal information generally, please contact us using one of the methods listed on our Contact Us page.

Changes to our privacy policy
We may change this Privacy Policy from time to time, including in order to comply with the Privacy Act 1988(Cth) as amended. Any updated versions of this Privacy Policy will be posted on our website and will be effective from the date of posting.